ACT  OF  INCORPORATION 


AND 


BY-LA  S 


OF  Till'. 


PEORIA,  II.J,.: 

on  & Mill.  Printer's  and  Publishers. 


BY-LAWS 


ASS  0 Cl  ATION, 

TOGETHER  WITH  THE 


IB !'&!£§»  gif®**, 

ftelattng  to  tf)e  (Cmfterg. 


PEORIA,  ILL.: 

KIDlLtLj  d@@[K  MD®  qD®[§ 

1858. 


^KSiUent, 

Capt.  WILLIAM  A.  HALL. 


£««tars, 

HERYEY  LIGHTNER. 

ilreassum, 

LEWIS  HOWELL. 


30  hector#, 

Capt.  WILLIAM  A.  HALL, 

H.  LIGHTNER,  T.  BALLWIN, 

L.  HOWELL,  E.  HUDSON. 


yroVt  '~'Kf 


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AN  ACT  TO  INCORPORATE  THE 


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W1 

X, 


ASSOCIATION. 


Be  it  enacted  by  the  People  of  the  State  of  Illinois,  represented  in  the  Gen- 
eral Assembly : , 

Section  1.  That  Thomas  Baldwin,  Hervey  Lightner, 
William  A.  Hall  and  Onslow  Peters,  and  their  asso- 
ciates, successors  and  assigns,  be  and  they  hereby  are 
created  a body  corjiorate  and  politic,  under  the  name  and 
style  of  “The  Springdale  Cemetery  Association”,  and  by 
that  name  shall  have  perpetual  succession,  and  be  and  they 
hereby  are  made  capable  in  law  and  equity  to  sue  and  be 
sued,  plead  and  be  impleaded,  defend  and  be  defended,  in 
any  court  of  law  or  equity  in  this  State  or  elsewhere ; to 
have  and  use  a common  seal,  and  the  same  to  renew  and 
alter  at  pleasure ; to  contract  or  be  contracted  with ; to 
take  and  hold  land  in  fee  simple,  and  personal  property, 
and  to  sell,  dispose  of  and  convey  the  same;  and  shall  be  and 
are  hereby  vested  with  all  powers,  privileges  and  immuni- 
ties which  are  or  may  be  necessary  to  carry  into  effect  the 
purposes  and  objects  of  this  act,  as  hereinafter  set  forth, 
and  to  do  all  such  other  acts  and  things  as  are  incident  to 
a corporation  and  not  in  conflict  with  the  Constitution  and 
laws  of  this  State  or  of  the  United  States. 

§ 2.  The  affairs  of  the  corporation  shall  be  managed  by 
a Board  of  Directors,  consisting  of  not  less  than  three  nor 
more  than  five  persons,  and  who  shall  be  members  of  the 


£?{ oT 

4 

gict  of  Incorporation. 

corporation  and  be  elected  annually,  by  ballot,  and  hold 
their  offices  until  their  successors  shall  be  elected  and  qual- 
ified. The  annual  election  shall  be  on  the  first  Saturday 
of  January  in  each  year;  but  the  corporation  may,  by  its 
by-laws,  fix  any  other  time  for  the  annual  election  The 
first  election  of  Directors  may  be  had  at  any  time  after  the 
passage  of  this  act,  on  six  days’  notice,  in  writing,  being 
given  to  each  of  the  members  of  the  corporation  of  the  time 
and  place  of  meeting.  Said  notice  may  be  given  by  any 
two  of  the  persons  above  named,  and  the  Directors  so  elect- 
ed shall  hold  their  offices  until  the  next  annual  election, 
and  until  their  successors  shall  be  elected  and  qualified. 

§ 3.  The  corporation  may,  by  its  by-laws,  provide  for 
other  officers  of  the  corporation,  and  prescribe  the  manner 
of  their  election  or  appointment,  and  define  their  term  of 
office  and  duties. 

§ 4.  The  Board  of  Directors  shall  appoint  a President  of 
the  Board,  who  shall  also  be  President  of  the  corporation ; 
and  the  Board  shall  also  appoint  a Secretary  and  Treasurer, 
who  shall  hold  their  respective  offices  for  one  year,  and  un- 
til their  successors  shall  be  appointed  and  qualified.  The 
several  officers  herein  named  shall  perform  the  duties  usu- 
ally implied  by  such  offices,  and  such  as  shall  be  prescribed 
by  the  by-laws  of  the  corporation.  The  Treasurer  shall 
give  bond  to  the  President  of  the  corporation  and  his  suc- 
cessors in  office,  in  such  sum  as  shall  be  fixed  by  the  by- 
law’s, conditioned  for  the  faithful  performance  of  his  duties, 
and  with  such  other  conditions  as  shall  be  prescribed  by 
the  by-law’s.  The  corporation  may  also  require  by  its  by- 
laws any  other  of  its  officers  to  give  bond,  in  such  sum  and 
with  such  conditions  as  shall  be  necessary  to  protect  the 
rights  of  the  corporation  and  of  individuals;  and  upon  the 
breach  of  the  condition  of  either  of  such  bonds,  the  Pres- 
ident for  the  time  being  may  bring  suit  thereon  in  any 
court  having  jurisdiction,  and  prosecute  the  same  to  final 
judgment  and  execution.  In  case  of  a vacancy  occurring 
in  the  Board  of  Directors  between  the  times  of  the  annual 
meetings,  the  remaining  members  of  the  board  shall  have 


r-<:  f^> 


JSprirajjtmle  €mztzx%> 

5 

power  to  fill  such  vacancy  until  the  next  election  of  Di- 
rectors by  the  appointment  of  some  suitable  person,  a 
member  of  the  corporation,  to  fill  the  vacancy.  A ma- 
jority of  the  Board  of  Directors  shall  constitute  a quorum 
for  the  transaction  of  business,  unless  the  corporation  shall 
otherwise  provide  by  its  by-laws. 

§ 5.  The  corporation  shall  have  power  to  take  and  hold, 
by  purchase,  gift,  grant,  devise,  or  otherwise,  any  quantity 
of  land  in  the  County  of  Peoria,  not  exceeding  three  hun- 
dred acres,  for  the  sole  purpose  of  a cemetery  and  the  in- 
terment of  the  dead ; and  when  the  corporation  shall  have 
acquired  such  land,  and  the  title  thereto  shall  have  vested 
in  it  or  in  trustees  for  its  use  and  benefit  for  cemetery  pur- 
poses, as  contemplated  by  this  act,  the  same  shall  be  for 
ever  thereafter  exempt  from  all  assessments  and  taxation, 
and  from  seizure  and  sale  on  execution  or  by  any  order  or 
decree  of  any  court,  and  from  any  appropriation  of  the  same 
or  any  part  thereof  for  public  uses  or  purposes;  and  the 
burial  lots  into  which  the  land  may  be  divided  shall  also  be 
exempt  from  all  assessments,  taxation  and  seizure  or  sale 
upon  execution  or  by  any  order  or  decree  of  any  court,  and 
from  any  appropriation  to  public  purposes,  whether  the  said 
lots  shall  be  held  and  owned  by  the  said  corporation  or  its 
grantees  or  assigns.  The  corporation  shall  have  no  power 
to  sell,  alienate,  or  in  any  way  convey  or  appropriate  the 
said  land  for  any  other  than  cemetery  purposes,  nor  shall 
owners  of  lots  have  power  to  alienate,  convey,  or  in  any 
way  appropriate  any  of  the  lots  on  said  land  for  any  other 
use  or  purpose  than  for  the  interment  of  the  dead : Provid- 
ed, however,  that  the  corporation  may  mortgage  or  convey 
in  trust  any  part  of  said  land  which  shall  not  be  laid  out 
in  lots  for  the  purpose  of  raising  and  securing  money  to 
pay  the  expenses  of  laying  out,  fencing  and  improving 
said  land  and  fitting  it  for  cemetery  purposes,  and  to  defray 
the  expenses  of  the  association;  but  no  lots  on  the  part  of 
the  land  so  mortgaged  or  conveyed  in  trust  shall  be  sold 
and  conveyed  by  the  corporation  until  the  mortgage  or 
trust  deed  shall  be,  as  to  such  lots,  discharged,  so  as  to  be 
no  incumbrance  on  such  lots. 

— 


of  Incorporation:. 


§ 6.  The  conveyance  of  lots  from  the  corporation  to 
individuals  may  be  by  a deed  of  the  President,  under  his 
hand  and  the  seal  of  the  corporation,  or  such  sale  may  be 
evidenced  by  certificate,  signed  by  the  President  and  coun- 
tersigned by  the  Secretary,  under  the  seal  of  the  corpora- 
tion, specifying  that  such  person  is  the  owner  of  the  lot;" 
and  such  certificate  shall  vest  in  the  proprietor,  his  heirs 
or  assigns,  a fee  simple  in  such  lot,  but  for  the  sole  purpose 
of  interment  of  the  dead,  under  the  provisions  of  this  act 
and  the  rules  and  regulations  of  the  corporation.  The  Sec- 
retary, in  a book  to  be  by  him  kept  for  that  purpose,  shall 
enter  therein  a full  memorandum  of  all  lots  sold,  when  and 
to  whom  sold,  and  the  date  of  the  deed  or  certificate  con- 
veying the  same. 

§ 7.  [ Repealed .] 

§ 8.  Lot-owners  may  alienate  a whole  lot,  but  no  lot  or 
parts  of  a lot  shall  be  so  alienated  that  different  persons 
may  hold  the  same  or  parts  thereof  in  severalty;  hut 
nothing  in  this  section  contained  shall  prohibit  any  two  or 
more  persons  from  being  the  owners  of  a lot  as  tenants  in 
common.  The  mode  of  transferring  or  conveying  lots  by 
one  purchaser  to  another  shall  be  by  deed,  and  the  Secre- 
tary, upon  such  deed  being  filed  with  him,  shall  enter  upon 
the  .book  of  the  corporation  in  which  entries  of  certificates 
of  sale  are  made,  as  in  this  act  is  provided,  the  date  of  the 
deed,  a description  of  the  lot,  from  whom  and  to  whom  the 
conveyance  is  made,  and  the  time  of  filing  the  deed.  Such 
deed  shall  vest  all  the  right  and  title  of  the  grantor  in  the 


of 


lot  in  the  grantee,  his  heirs  and  assigns,  lhe  entries 
the  Secretary  in  the  books  of  the  company  shall  be  evi- 
dence in  all  courts  of  the  facts  stated  in  such  entries. 

§ 9.  [. Repealed .] 

§ 10.  Out  of  the  proceeds  of  the  sales  of  lots  the  corpora- 
tion may  first  pay  the  purchase  money  of  the  land  pur- 
chased for  cemetery  purposes,  and  the  expenses  of  grading, 
laying  out  and  fencing  the  same,  and  all  necessary  inci- 
dental expenses,  with  interest;  and  after  the  payment  of 
such  purchase  money,  expenses  and  interest,  the  corpora- 


figratglmlt  C^nteterg. 


tion  shall  provide,  by  its  by-laws,  for  appropriations  out  of 
the  proceeds  of  sales  of  lots  to  keep  the  grounds  in  repair 
and  in  good  order : Provided , however , that  nothing  herein 
contained  shall  make  it  requisite  for  the  corporation  to 
pay  the  whole  of  such  purchase  money,  expenses  and  inter- 
est before  extending  the  laying-out,  grading  and  platting 
other  parts  or  portions  of  said  land  from  time  to  time,  as 
said  corporation  shall  deem  it  necessary  and  proper. 

§ 11.  Lot-owners  shall  at  all  times  have  a right  of  way 
over  any  roads  or  ways  provided  by  the  corporation  lead- 
ing to  said  land,  and  also  to  pass  or  repass  over  any  of  the 
alleys,  avenues  and  carriage-ways  on  said  land,  in  conform- 
ity to  the  rules  and  regulations  of  the  corporation. 

§ 12.  No  public  road  or  highway  shall  ever  be  laid  out  or 
located  over  or  upon  the  said  land,  nor  in  any  way  shall 
any  of  said  land  be  taken  or  condemned  for  any  public  use 
whatsoever. 

§ 13.  The  members  of  the  corporation,  after  its  organi- 
zation, shall  consist  of  not  less  than  five  nor  more  than 
fifteen  persons.  The  corporation,  after  its  organization 
under  this  act,  may  determine  the  manner  in  which  per- 
sons may  become  members,  and  regulate  the  mode  of 
transferring  and  conveying  the  shares  or  interest  of  its 
members. 

§ 14.  In  case  of  the  decease  of  any  member  of  the  cor- 
poration intestate,  or,  if  testate,  failing  to  dispose  of  his  or 
her  share  or  interest  in  the  said  land,  so  that  the  same  shall 
descend  to  several  of  his  heirs  or  personal  representatives, 
the  persons  so  taking  such,  shares  or  interest  shall  be  ten- 
ants in  common  of  such  share  or  interest,  and  may  depute 
and  authorize  one  of  their  number  to  act  in  their  behalf  in 
the  meetings  and  the  affairs  of  the  corporation ; and  the 
person  so  deputed  shall  have  all  the  powers  of  any  other 
member.  The  proper  courts  having  jurisdiction  to  order 
or  decree  sales  of  estates  of  decedents  may,  on  the  petition 
of  one  of  the  persons  who  take  the  share  or  interest  of  a 
deceased  member,  order  the  sale  of  the  whole  of  the  share 
or  interest  of  the  decedent  in  the  same  manner  that  the 


8 


giti  of  Incorporation. 


estates  of  deceased  persons  are  sold  for  the  payment  of 
debts;  and  the  said  courts  shall  inquire  into  and  determine 
what  part,  if  any,  of  the  proceeds  of  such  sales  shall  be 
paid  to  such  corporation  on  account  of  the  claim,  legal  or 
equitable,  of  the  corporation  against  such  share  or  interest 
to  pay  any  debts  or  to  contribute  to  the  funds  of  the  cor- 
poration. The  residue,  after  paying  the  costs  and  expenses 
of  the  proceedings  and  of  the  sale,  shall  be  paid  over  to  the 
persons  entitled  thereto  as  such  heirs  or  personal  repre- 
sentatives ; but  in  no  case  shall  there  be  a partition  among 
such  heirs  and  tenants  in  common  of  any  share  or  interest, 
but  the  same  shall  remain  an  entirety  for  all  purposes  of 
the  business  of  the  corporation : Provided,  however,  that  if 
several  persons  become  the  joint  owners  of  any  share  or 
interest,  by  descent  or  otherwise,  each  joint  owner  may 
convey  his  interest  therein  to  any  one  of  the  co-tenants. 

§ 15.  It  is  hereby  declared  that  the  title  to  said  land, 
when  the  terms  and  provisions  of  this  act  shall  be  com- 
plied with,  shall  be  vested  in  the  corporation  as  a trustee, 
and  the  corporation  shall  hold  the  same  in  trust  for  the 
purpose  of  interment  and  a repository  for  the  dead  for  ever ; 
and  the  said  corporation  and  the  members  thereof  are  here- 
by for  ever  prohibited  from  selling,  conveying  in  any  way, 
alienating  or  appropriating  any  part  of  the  land  so  laid  out 
and  platted,  as  herein  provided,  for  any  other  use  or  pur- 
pose whatsoever  than  is  contemplated  by  this  act. 

§ 16.  Any  person  who  shall  willfully  destroy,  injure  or 
remove  any  tomb  or  monument  or  any  grave-stone  placed 
in  said  cemetery,  or  shall  willfully  remove,  destroy,  cut, 
break  or  injure  any  fence  around  or  any  railing,  fence,  tree, 
shrub  or  plant  within  the  limits  of  said  cemetery,  or  shall 
shoot  off  or  discharge  any  gun  or  other  firearms  within  the 
said  limits,  shall  be  deemed  guilty  of  a misdemeanor,  and 
shall,  upon  conviction  thereof  before  any  justice  of  the 
peace  in  the  County  of  Peoria,  be  fined  not  less  than  five 
dollars  nor  more  than  one  hundred  dollars,  according  to 
the  nature  and  aggravation  of  the  offense ; and  the  court 
before  whom  the  conviction  is  had  may,  in  its  discretion, 




<53%- 

JSprmgbak  Cmtterg.  9 

make  an  order  as  part  of  its  judgment,  that  the  defendant 
shall  be  committed  to  and  confined  in  the  common  jail  of 
the  county  till  the  fine  and  costs  shall  be  paid;  and  such 
offender  shall  also  be  liable  to  an  action  of  trespass,  to  be 
brought  before  any  justice  of  the  peace  or  court  of  com- 
petent jurisdiction,  in  the  name  of  said  corporation,  to  re- 
cover all  damages  sustained  by  his  or  her  unlawful  act  or 
acts;  and  the  amount  of  the  fine  or  the  damages,  when  re- 
covered and  collected,  shall  be  paid  over  to  the  corpora- 
tion or  its  proper  officer,  to  be  used  to  repair  or  restore 
the  property  destroyed  or  injured,  or  for  such  other  purpose 
as  the  corporation  or  its  Board  of  Directors  shall  determine; 
and  in  such  suits  and  prosecution  members  of  the  corpora- 
tion shall  be  competent  witnesses. 

§ 17.  It  shall  be  lawful  for  said  corporation  to  take  and 
hold  any  grant  or  bequest  of  money  or  property  in  trust, 
and  to  apply  the  same  or  the  income  thereof,  under  the  di- 
rection of  the  Board  of  Directors,  for  the  improvement  of 
said  cemetery  or  any  portion  thereof,  or  in  the  erection  and 
preservation  of  any  tomb  or  monument,  according  to  the 
terms  of  any  such  grant  or  bequest;  and  any  court  having 
equity  jurisdiction  for  the  County  of  Peoria  shall  have* 
power  to  compel  the  performance  of  any  such  trust. 

§ 18.  Any  person  who  shall  willfully  open  any  #tomb, 
vault  or  grave  within  the  limits  of  said  cemetery,  for  the 
purpose  of  robbing  or  taking  from  such  tomb,  vault  or  grave 
any  of  the  clothes  or  materials  placed  therein  with  the 
corpse,  or  wTho  shall  remove  any  body  from  said  cemetery 
for  the  purpose  of  dissection,  or  shall  knowingly  receive 
any  such  body  after  its  removal,  together  with  all  aiders 
and  abettors,  shall  be  deemed  guilty  of  felony,  and  upon 
indictment  and  conviction  therefor  shall  be  punished  by 
imprisonment  in  the  penitentiary  for  a term  not  less  than 
one  year  nor  more  than  three  years. 

§ 19.  This  act  is  declared  to  be  a public  law,  and  shall 
take  effect  and  be  in  force  from  and  after  its  passage. 

Approved  Feb.  14,  1855. 


IY 


DETERMINING  THE  AMOUNT  OF  CAPITAL  OF  THE  SPRING- 
DALE  CEMETERY  ASSOCIATION, 

ft) glaimxr  in  fojjiclj  fijx  samx  gjjall  b ^nbxribb  for, 
in,  ft ranatexir  anb  Ixlb. 


Section  1.  The  capital  of  this  Association  shall  be  twen- 
ty thousand  dollars,  to  be  divided  into  shares  of  one  hund- 
red dollars  each ; and  any  person  or  persons  subscribing 
for  one  or  more  shares  and  paying  in  the  installment  called 
for  in  the  second  section  of  these  By-Laws,  shall  thereby 
become  members. 

§ 2.  Every  person  subscribing  for  one  or  more  shares  shall, 
at  the  time,  pay  sixty  per  cent,  on  the  amount  subscribed; 
for  which  a receipt  shall  be  given  by  the  Secretary,  who 
shall  pay  over  the  same  to  the  Treasurer;  and  the  remain- 
der of  the  sum  subscribed  shall  be  paid  in  installments  as 
the  same  may  be  called  for  by  order  of  the  Board  of 
Directors;  but  no  installment  shall  exceed  ten  per  cent,  of 
the  amount  subscribed,  and  the  Board  of  Directors  may  at 
any  time  hereafter  provide  for  a penalty,  or  forfeiture  of 
shares  in  whole  or  in  part,  in  consequence  of  a failure  to 
pay,  on  the  part  of  the  owner,  any  installment  that  may 
have  been  ordered  by  the  Directors. 

§ 3.  Certificates  shall  be  issued  for  the  number  of  shares 
subscribed  for,  when  the  whole  sum  of  one  hundred  dollars 


}VV5 


12  (Election  of  (Officers,  (Etc. 


per  share  shall  have  been  called  for  by  the  Board  of  Di- 
rectors and  paid  in  by  the  owners;  provided  that  any 
owner  of  shares  may  at  any  time  pay  the  full  amount  of 
one  hundred  dollars  per  share  and  receive  certificates  for 
the  same. 

§ 4.  In  all  elections  of  officers  of  this  Association,  or  in 
any  elections  or  voting  whatever,  where  tbe  same  is  done 
by  shareholders,  each  shareholder  shall  be  entitled  to  one 
vote  for  every  share  so  held,  on  which  sixty  per  cent,  shall 
have  been  paid,  as  provided  in  section  two  of  these  By- 
Laws;  and  no  share  shall  be  voted  for  by  proxy  unless  in 
the  case  of  sickness  or  absence  from  the  Cit}T  of  Peoria  of 
the  owner,  or  unless  such  owner  be  a female;  and  a major- 
ity of  all  the  shares  of  this  Association  shall  be  necessary 
to  elect  officers  or  to  determine  any  question  voted  for  by 
shareholders. 

§ 5.  Beceipts  for  payment  on  shares  or  certificates  of 
shares  shall  only  be  transferable  upon  the  books  of  the 
Company,  upon  the  surrender  of  the  old  receipt  or  certifi- 
cate, and  directing  the  issue  of  a new  one  to  the  purchaser; 
and  any  other  transfer  or  assignment  shall  be  null  and 
void. 

§ 6.  These  By-Laws  may  be  altered,  amended,  or  re- 
pealed, by  a vote  of  the  shareholders  : a majority  of  all  the 
shares  being  necessary  to  such  alteration,  amendment,  or 
repeal. 


Rule  1.  The  Board  of  Directors  shall  be  shareholders  at 
the  time  of  their  election,  and  shall  reside  in  the  County  of 
Peoria;  and  any  member  ceasing  to  be  a shareholder,  or 
removing  from  the  County,  shall  thereby  vacate  his  office. 

Rule  2.  The  Annual  Election  for  Directors  shall  be  held 
on  the  first  Saturday  in  January  in  each  year,  until  further 
provided.  In  case  of  the  non-election  of  Directors  on  the 
day  herein  specified,  the  existing  Board  shall  appoint  a time 
for  a new  election. 

Rule  3.  In  case  of  any  vacancy  occurring  in  the  Board  of 
Directors,  the  Board  shall  fill  the  same  by  appointment; 
and  the  person  so  appointed  shall  continue  in  office  until 
the  next  ensuing  annual  election. 

Rule  4.  There  shall  be  four  regular  meetings  of  the 
Board  in  each  year,  viz  : On  the  first  Saturday  in  January, 
April,  July,  and  October.  Special  meetings  may  be  called 
by  the  President  or  by  the  Secretary,  upon  the  request  of 
any  member  of  the  Board. 

Rule  5.  The  President  shall  preside  at  the  meetings  of 
the  Board;  in  his  absence  a President  pro  tem.  shall  be  ap- 
pointed. He  shall  have  a general  supervision  over  the  in- 
terests and  affairs  of  the  Association. 

Rule  6.  All  By-Laws,  Rules  and  Regulations  of  this  As- 
sociation may  be  enlarged,  repealed,  altered,  or  amended, 
or  new  ones  made,  at  any  meeting  of  the  Board  of  Directors 
hereafter,  provided  a majority  of  the  whole  Board  concur 
therein. 


1.  All  lots  shall  be  held  in  pursuance  of  “ An  Act  to  in- 
corporate the  Springdale  Cemetery  Association”,  approved 
February  14,  1855,  and  such  By-Laws,  Buies  and  Kegula- 
tions  as  are  or  may  be  hereafter  made  by  the  Board  of  Di- 
rectors, in  accordance  with  the  provisions  of  the  Charter. 

2.  The  price  of  lots  shall  be  12?  cents  per  square  foot  un- 
til further  provided  by  the  Board  of  Directors. 

3.  The  proprietor  of  each  lot  shall  have  the  right  to  in- 
close the  same  with  a wall  or  fence  not  exceeding  eighteen 
inches  high,  exclusive  of  the  railing,  which  shall  be  placed 
on  the  line  of  said  lot. 

4.  Proprietors  shall  not  allow  interments  to  be  made  in 
their  lots  for  a remuneration. 

5.  No  disinterment  shall  be  allowed  without  permission 
being  obtained  at  the  office  of  the  Association. 

6.  The  proprietor  of  each  lot  shall  have  the  right  to  erect 
any  proper  stones,  monuments,  or  sepulchral  structures 
thereon,  all  of  which  shall  be  properly  set  in  masonry;  and 
to  cultivate  trees,  shrubs  and  plants  on  the  same : but  no 
tree  growing  within  the  lot  or  border  shall  be  cut  down  or 
destroyed  without  the  consent  of  the  Directors. 

7.  If  any  trees  or  shrubs,  situate  in  any  lot,  shall  by 
means  of  their  roots,  branches  or  otherwise,  become  detri- 
mental to  the  adjacent  lots  or  avenues,  or  dangerous  or  in- 
convenient to  passengers,  the  Directors  shall  have  the  right 
to  enter  the  said  lot  and  remove  the  said  trees  or  shrubs,  or 
such  parts  thereof  as  are  in  their  opinion  detrimental,  dan- 
gerous, or  inconvenient. 


8.  If  any  monument,  effigy  or  inclosure,  or  any  structure 


J^rmgbak  Cwruteig. 


15 


whatever,  or  any  inscription,  be  placed  in  or  upon  any  lot, 
which  shall,  in  the  opinion  of  the  Directors  for  the  time 
being,  be  offensive  or  improper,  or  injurious  to  the  appear- 
ance of  the  surrounding  lots  or  grounds,  the  said  Directors 
shall  have  the  right  to  enter  upon  such  lot'and  remove  the 
said  offensive  or  improper  object  or  objects. 

9.  It  shall  be  the  duty  of  the  Board  of  Directors  from 
time  to  time  to  lay  out  or  alter  such  avenues  or  walks,  and 
to  make  such  rules  and  regulations  for  the  government,  or- 
derly maintenance  and  repairs  of  the  grounds,  as  they  may 
deem  requisite  and  proper  to  secure  and  promote  the  gen- 
eral objects  of  the  Association. 

10.  Proprietors  of  lots  and  their  families  shall  be  allowed 
access  to  the  grounds  at  all  times,  observing  the  rules  which 
may  be  adopted  for  the  regulation  of  visitors. 

11.  The  conveyance  of  titles  to  lots  shall  be  in  the  follow- 
ing form,  which  is  in  accordance  with  the  sixth  section  of 
the  Charter,  viz : 

<§ff ice  of  % JSpnnjjbak  Cmeterg  gtssodafxon. 

No Peoria,  18 

This  is  to  certify  that is  the  owner  of  lot  numbered , 

in  Section  Number  Located  

in  the  Springdale  Cemetery,  having  paid  therefor  the  sum  of 

dollars cents,  the  receipt  of  which  is  hereby  acknowl- 
edged— owned  and  held  subject  to  the  By-Laws,  Rules  and  Regulations 

of  the  Corporation,  in  force  for  the  time  being  — and  containing  

square  feet,  as  will  more  fully  appear  by  reference  to  the  Record  of  Sur- 
veys in  the  office  of  the  Association. 

r i President. 

L ' Secretary. 


16 


Stales  Concerning  Interments. 


1.  A receiving  tomb  is  provided  at  the  Cemetery  for  the 
accommodation  of  those  who  intend  to  purchase  lots. 
Twenty  days’  time  will  be  allowed  for  making  the  selection 
and  removing  the  remains;  and  when  the  improvement  of 
the  lot  or  other  circumstances  may  make  it  necessary,  a 
reasonable  extension  will  be  granted.  Interments  made  in 
the  Winter  season  may  remain  until  the  weather  in  the 
Spring  will  admit  of  selections  being  made.  Ho  charge  is 
made  for  the  use  of  the  tomb,  except  one  dollar  each  time 
it  is  opened.  In  case  of  removal  from  the  Cemetery,  how- 
ever, a charge  will  be  made  of  ten  dollars  each  for  adults, 
and  five  dollars  for  children. 

2.  Single  graves  may  be  procured  in  lots  at  four  dollars 
each  for  adults,  and  two  dollars  for  children  under  ten 
years  of  age. 

3.  The  duties  of  Superintendent  of  Interments  are  per- 
formed by  the  Keeper  of  the  Grounds,  who  is  required  to 
be  in  attendance  at  every  interment. 

4.  In  each  case  of  burial  or  deposit  in  the  vault,  a state- 
ment giving  the  name,  place  of  nativity,  residence,  age, 
disease  of  the  person  interred,  and  also  whether  married  or 
unmarried,  must  be  handed  to  the  Keeper,  that  an  accurate 
registry  may  be  made  of  the  same. 

5.  All  interments  will  be  subject  to  the  following  charges, 
which  in  all  cases  must  be  paid  at  the  office  of  the  Ceme- 
tery before  the  interment,  or  to  the  Keeper  at  the  time  of 
interment : the  price  of  opening  graves  will  be  as  follows  : 


Uprhrgbak  Crndjerg. 


m 


17 


Adults’  graves  (usual  depth) 6 feet $3  00 

do  do  7 feet 3 25 

do  do  8 feet 3 50 

do  do  9 feet 4 00 

Children’s  Graves  (10  years  and  under)  6 feet......  2 00 

do  do  do  8 feet......  2 50 

do  do  do  9 feet 3 00 

Opening  vaults  under  ground 2 00 

Opening  tombs  in  side-hills  and  above  ground 1 00 


RULES 


1.  To  insure  the  proper  regulation  of  the  grounds,  the 
grade  of  all  lots  will  be  determined  by  the  Agents  of  the 
Institution. 

2.  All  workmen  employed  in  the  construction  of  vaults, 
inclosing  of  lots,  erection  of  monuments,  etc.,  must  he  sub- 
ject to  the  control  and  direction  of  the  Agents  of  the  Insti- 
tution ; and  any  workman  failing  to  conform  to  this  regu- 
lation will  not  be  permitted  afterward  to  work  on  the 
grounds. 

3.  Wooden  inclosures  will  not  he  allowed  except  by 
special  permission  of  the  Agents,  after  a plan  of  the  pro- 
posed inclosure  shall  have  been  submitted. 

4.  Tombs,  when  the  entrance  is  not  closed  with  earth, 
must  be  furnished  with  shelves  having  divisions  allowing 
interments  to  be  made  separately,  and  perpetually  sealed 
so  as  to  prevent  the  escape  of  unpleasant  effluvia. 


3 


little*  Contenting  Visitors. 


Each  proprietor  of  a lot  will  be  entitled  to  a ticket  of  ad- 
mission into  the  Cemetery,  with  a vehicle,  under  the  fol- 
lowing regulations : 

1.  No  vehicle  will  be  admitted  unless  accompanied  by  a 
proprietor  or  a member  of  his  household,  with  his  ticket, 
or  unless  presenting  a special  ticket  of  admission  obtained 
at  the  office  of  the  Company. 

2.  On  Sundays  the  gates  will  be  closed.  Proprietors  of 
lots,  however,  and  persons  accompanying  them,  will  be  ad- 
mitted on  foot  by  applying  to  the  Keeper  at  the  lodge. 

3.  No  vehicle  will  be  allowed  to  pass  through  the  grounds 
at  a rate  exceeding  four  miles  an  hour,  and  persons  on 
horseback  or  in  vehicles  are  expressly  prohibited  from  leav- 
ing the  avenues. 

4.  No  person  having  refreshments  of  any  kind  will  be 
permitted  to  come  within  the  grounds,  nor  will  any 
smoking  be  allowed. 

5.  All  persons  are  prohibited  from  picking  any  flowers, 
either  wild  or  cultivated,  or  breaking  any  tree,  shrub  or 
plant. 

6.  All  persons  are  prohibited  from  writing  upon,  defacing 
or  injuring  any  monument,  fence  or  other  structure  in  or 
belonging  to  the  Cemetery. 

7.  Any  person  disturbing  the  quiet  and  good  order  of 
the  place  by  noise  or  other  improper  conduct,  or  who  shall 
violate  any  of  the  foregoing  rules,  will  be  made  to  suffer 
the  penalty  provided  for  in  the  Charter  of  the  Association. 

8.  The  Keeper  or  Porter,  as  the  case  may  be,  is  charged 
to  prohibit  the  entrance  of  all  improper  persons,  and  also 


Uprragimle  dunutog. 


19 


those  who  at  any  time  shall  have  willfully  transgressed  the 
regulations  of  the  Cemetery,  although  presenting  tickets. 

9.  No  money  may  be  paid  to  the  Porter  or  other  person 
in  the  employ  of  the  Association  in  reward  for  any  personal 
service  or  attention. 


These  grounds  have  not  been  ‘laid  off  into  lots’.  The 
system  of  laying  off  Cemetery  Grounds  into  streets,  alleys, 
blocks,  and  lots  is  no  longer  in  use,  except  on  grounds  of 
small  extent  and  level  surface.  Aside  from  its  stiffness  and 
unsightliness,  it  would  be  impracticable  in  this  case,  owing 
to  the  uneven  nature  of  the  ground. 

The  approved  system  now  in  general  use,  and  the  one  to 
be  adopted  here,  is  as  follows : The  whole  ground  will  be 
surveyed  into  sections  two  hundred  feet  square,  beginning 
at  the  N.W.  corner  and  numbering  west  and  east  as  the 
land  sections  are  numbered  in  our  townships;  a permanent 
land-mark,  say  a dressed  stone  sunk  to  the  level  of  the  sur- 
face, will  be  placed  at  each  corner  of  every  section. 

The  lots  will  be  numbered  in  the  order  in  which  they  are 
sold,  and  will  be  recorded  in  the  Book  of  Surveys  as  Lot 

No.  — , in  Section  No.  — , in [a  division  or  district 

to  be  named].  This  will  clearly  indicate  the  locality. 

This  survey  can  not  be  made  at  present,  but  will  be  done 
as  soon  as  the  necessary  funds  can  be  procured.  It  will 
cost,  together  with  a topographical  map  got  up  in  good 
style,  say  from  five  hundred  to  eight  hundred  dollars. 

Applications  for  lots  and  interments  may  be  made  to 
either  of  the  officers,  or  to  the  Superintendent  at  his  office 
on  the  grounds,  who  will  give  all  necessary  information  on 
the  subject. 


Lots  may  be  had  of  any  size  and  shape  desired,  keeping 
in  view  a harmonious  arrangement,  and  consequently  at 
any  price  that  may  suit  the  purchaser. 

The  price  is  uniform  throughout,  and  for  the  present  is 
fixed  at  12 £ cents  per  square  foot. 

These  grounds  contain  one  hundred  and  sixty  acres,  and 
have  cost,  up  to  this  time,  all  told,  about  twenty  thousand 
dollars.  They  are  inclosed  by  a good  substantial  board 
fence,  with  two  entrances,  one  on  the  N.W.  corner,  and 
the  other  on  the  south  line.  The  NVW.  entrance  is  by  the 
Prospect  Hill  road,  and  the  south  entrance  by  the  beautiful 
and  shaded  new  road  recently  opened,  being  an  extension 
of  Perry  street.  The  distance  from  the  Court-house  to  the 
grounds  by  the  first-named  road  is  about  three  miles,  and 
by  the  latter  road  less  than  two  miles. 

These  grounds  possess  in  a superior  degree  all  the  requi- 
sites of  a splendid  cemetery,  and  in  their  arrangement  and 
diversity  of  hill,  dale,  shade  and  water,  are  said,  by  men  of 
experience  and  taste  in  cemetery  matters  to  be  unexcelled. 

Time  and  means  are  necessary  to  develop  their  beauties 
and  to  furnish  the  citizens  of  Peoria  a pleasant  place,  easily 
accessible,  wherein  to  spend  a quiet  hour  or  two  among 
beautiful  scenery  and  shaded  avenues,  as  well  as  to  furnish 
a final  resting-place,  having  besides  all  the  external  beau- 
ties spoken  of,  all  the  advantages  known  to  belong  to  a well- 
regulated  Cemetery. 

The  Officers  are  expending  now,  and  have  done  so  up  to 
this  time,  in  addition  to  all  their  immediate  means,  all  the 
receipts  from  the  sales  of  lots,  as  well  as  from  the  sales  of 
wood  and  hay  taken  off  the  ground,  in  the  repairs  of  ave- 
nues, making  new  ones  and  cleaning  the  surface. 

They  desire  from  this  time  on  to  make  the  Cemetery  self- 
sustaining  at  least,  and  to  this  end,  as  well  as  for  the  gen- 
eral advantages  before  stated,  they  invite  the  cooperation 
of  the  citizens  of  Peoria.  This  may  be  rendered  either  by 
purchasing  lots,  or  by  taking  some  shares  of  the  capital. 


The  ground  is  owned  in  fee  simple  by  the  Association, 
and  is  clear  of  incumbrance. 


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